N.Y. Comp. Codes R. & Regs. tit. 7 § 251-5.2

Current through Register Vol. 46, No. 24, June 12, 2024

Section 251-5.2 - Representation

(a) Where an incarcerated individual is placed in, or pending possible placement in, segregated confinement pending a disciplinary hearing or superintendent's hearing, such incarcerated individual shall be permitted to be represented by:

(1) an attorney, having good standing, admitted to practice in any state;

(2) a law student, provided that an attorney member of the law school's faculty certifies to the Department, in writing, that the faculty member has direct supervisory authority over the student, shall make reasonable efforts to ensure that the student's conduct is compatible with the professional obligations of a lawyer, and provide the faculty member's contact information through the school's publicly listed business phone number and school issued email address;

(3) a paralegal, provided that an attorney, having good standing, admitted to practice in any state certifies to the Department, in writing, that shall make reasonable efforts to ensure that the paralegal's conduct is compatible with the professional obligations of the lawyer and the paralegal has met one or more of the following requirements:

(i) Successful completion of the Certified Paralegal (CP) certifying examination of NALA;

(ii) Graduation from an ABA approved program of study for paralegals;

(iii) Graduation from a course of study for paralegals which is institutionally accredited but not ABA approved, and which requires not less than the equivalent of 60 semester hours of class-room study;

(iv) Graduation from a course of study for paralegals, other than those set forth above, plus not less than six months of in-house training as a paralegal;

(v) A baccalaureate degree in any field, plus not less than six months in-house training as a paralegal;

(vi) A minimum of three years of law-related experience under the supervision of an attorney, including at least six months of in-house training as a paralegal; or

(vii) Two years of in-house training as a paralegal.

(4) another incarcerated individual, provided that the proposed representative is willing to serve as such representative and meets the following objective criteria:

(i) is located at the same facility where the charged individual is located. If a charged individual with an approved incarcerated representative is transferred prior to any pre-hearing contact with their representative, the charged individual may request a postponement for representation by a different incarcerated individual, subject to all Departmental criteria for such representation;

(ii) is medically able to participate in the hearing and has a Beta IQ score above 70;

(iii) has not been found guilty of any Tier III offense within the last year;

(iv) has received a high school or equivalency diploma or is currently enrolled in a high school equivalency program; and

(v) is pursuing their most recently assigned earned eligibility or program plan with no current program refusals.

(b) Attorneys can attend hearings by telephone or in-person.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 251-5.2

Adopted New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023